DISTRICT COURT.

Wairarapa Daily Times, Volume 4, Issue 1138, 29 July 1882, Page 2

DISTRICT COURT.

-4„t v M4BMim)KTTpGDAT. \ '(Before .'.Hi^ ' i; Lowes «.Jorns.. Tiiil. £19210 d, beini?commission-ontheasleof a'property knoirn as Clifton Grow;. to ; Mr John Hume; ; Mt Izard for plaintiffa, and Mr &;.Gray).far:defendant. _ " ,'.,•""■'■ ...'''•'.; it».':!.";-i;T' i ,-* j '• ''. ~ Plaintiffs...claimed commission' im'the l ground that thepoperty had,been placed' intheir-hsndjfor' sal*, near'the end of •January? had'complete'd •the tale on Jjjhey' ■had sent'in B'olflift'for £IOO jfaey- ' •per cent.-" ■•'- , " , ' u -".;:^'; ( -^,, 0 o j-, ..•.. '" For "(he dis'fence detiied'that; thej |rop.erty;hajiemlbaenaplaoeiY is j the: hands 9f plaintiffs for sale' and that j Mr .Burrow had'' abld-'l'the property to | Mr' John Hume prior to. the date on, whioh-. ;plaih'tiffsilate'dtheyha vdWceiFJd»i«tr'tiotionsitfjelUi 'i^rm, ' *',•"'"•'i :| :" AfWfoii%M Hißsonpr[giw^^W, n ! ) i !?f e^ , a| I tne'fbou brMe widence, was 'on mißide^;oM£llJi;:; : 'XtU ,0 Olai P tti|(f Mr,;Allap, f : i}^\ -;.y connection ;jip ? tiw;a^menti "of of! Mr

Jamej-'Thompson in 1879. At the date of the assignment'Messrs'Chamberlain Bros. were Mr Thompson' to- the eilkiof WOO, MesßW Eriill ft. Co,, beiifrielpil oreditora. The former hid; agtee'd Jfith fhompaon that ■ th'ey would'pay.j'offSrull & Co.'a liability and ;take%lS|}hTßp()Sritieß held by them;; 'they alao undertook to pay a composition of teu shillings in thai to all other credi'Ohamberlaiii to Take over a)l Thompson's-asseta, In' order to'"oarry. ouUhji sA, legal-work to be„gone through,, the, bdatlqfe !fo| defefidahta-aßibeing«the partiee'who*in«' Btruoted' him, ..Defendantii ; >.ho^e% r declined to pay on 'were position *i>f~rnorJgageßij? and:toat^{hejeoßUTjb i oi|.ldi|oQptd .mortgagor—Mr Thompson.''' : ', "s- - Mr Allan a severe .crcsa-examination on. in thej)illibf-costs Bnd;alsp;Bait6|wJiether{j he was not working for •ThoinpJon.M -weU J Mr*BunVat*tea-thß't he'wa«-workih({ j for' Chamberlain Bros, : and. that Mr Ihompßoh,:ihadi;hiß«offnj«B6lioitori t 'Jft' Parker, who persnedHhei'de'eds-'bn'.bis'-behalf. He, Mr Bunny had charged each .item.to phamb'erlairrßrqa, and looked/-to. rbem 0 for'payment. He ha^prdtebwd 1 Chamberlain's interests; throughout' the whole transaction. --• — w -

'iAfter:faking: : theffaeti ifrdmiMr' Parkeri'(flolicitor), ; ahd'Messrs ■ Chamberlain,. His 1 Honor resMVMMhe'' loint.oflaw.to.be depide'd ini Wellington. I i .she|Oourtithen ladjourne'diiili 9 this HA-V'ff J it'T* ,'?£ /U this'day.' '"■'" '.* "■;.- 0. WFreelh' o Gray for plaintiff, and 'Mr. Izard; |for•defendttri't. s '' '■ -'-'-' f \\', .f ■*.';''';V'?":' , A j ory consisting of Messfo •"s.' "Alexander, foreman, and ! John Yates? were' 'sworn lb 'try 'the' oase. The res|o| ; the,Ju;ymen ; ,were given, loavo,ot\Bbaepce'Ml;]^^ai.yJi^q^iipg^ ; .,'. t -.' J . Mr Gray, in opening the case for the pkiptjffsaidj.hevolaimlwaa/ ftisum «Mt Lowes agreed to pay the plaintiff .for negotiating 'a a leaseftf'. native land.VrMr: Freeth .commenced to, negotiate with the j natives''''bh^Mr 1 - 'Lowes'' behalf. «Bubsd> quentiy Mr. L'owe.s''inforbied' t 'Mr'Freeth' thathe,;hadhada row with ..a leading lialive named cautioned him. -.not|.tp n iiave, (i any^' b diiie(St. dealings" with" them.'""lfferwards '/Mr' Loweßjinfp'rmedMr,Freethfthat he .need ; •no't trouble any fur'ther-W-Mr- Living* stone and himself had to , divide theblook and that-Mr I Tom /Hill had ;aoted-.on..behah < -_(if-J3[r'LiYingßtoneca=ii.".: KQharles?, J; Freeith./deposed,. I. "ariSa, Native Interpreter,, and the plaintiff in the'preseht aotiod. ■ The first time T saw Mr myoffice] af 1 Ma«.terv ton dn.Januafyi9ih.> f 'l asked'him'to obme. there bb I hear! ho was wanting Native land, and I wished to know! if he would) go in for the Okurupeti Block.- He* re-■ plied that he would'ljke it iflle;cbuld gfef the lease on reasonable termi. 'I said " I think Icouldget.it. What wiiryougive ,me to negotiate -the - matter.-?" He .said, ; .""Itis forybu'W name' '" i i said ",I;will not sucoeed in negotiating ill will bb'argil nothing." He said ''l will give you £2OO if yourwill'.npt oppose.rae in kapua Block, / \ J.tl /,.,\J r "<

Mrlzard: What a,frightfuj>,word..; k ./V( ■ Witness:.lßai.d I will ; agreeto that., I we had : 'bet)e'r|i4)[e ,aoout this.,,'^7lll. yoju write, to..me",a'na. offer me the terms job have'' mentioned 1 . He rephedf you answer your letter, v I wrote tojlr;Lj)weß. Thejetter produced is .the'one I wiotej rJanuaryisiundertakin(* ,t6[ negotiate the lease for, r ,the;suta , ;of ; i2oo and also undertaking,' if'be'approved of the' terms, not to • Mairirikapua block:. I receive]! 'a' reply, from Mr Lowes. datedVislpTerhuary, agreeing to the< terms and propnßing 1200 its the' rental of Oku'rupeti blook, Afterreceiving the letter I went over to-Te OreOre vand : . opened ,-negotiations with, MaViherafa Maorichief' lnMestedinjhe' ' blodk'r!.i law Mr toweas (|lcl\hini I jjpww ,r Tam'fn no greafhurty,! expect it will take twelve months the arrangement." Manihera' had promised me to think the matter over./ About three weeks latej 1 if jsaw'! Manihera ;v Masterton and tie told me lie wanted me to negotiate tha lease of (the.; Mairirikapua block to Mr Murray.' Manihera had an interest in thatrblpokialjo.');] tplshto .that I could'riot'oppose Mr Lowe's with' this blnok. I then explained tp Sir/Murray that I could not act for him liiws blbckl I jaw.Mr, Lowes a few minutes afterwards. Manihera had,tojd had words with Mr Lowes about Ihe"Mairiri-" kapua, 810ck.;.-1 mentioned tbis.; to,; Mr: Lowes who replied that he had had a few words with him, /Icautioned'Mri'Lbwei that if hg quarrelled- with the'nativer it would be impossible for me to negotiate -with them. Mr Lowes said he would not interfere in any matters of importance.* 0 If' saw Mr. Lowes again-about the middle of Maroh, when he said " I don't wish you to. go on with,.the negotiation of that block for about a month, Manihera'tells •me.that it might do a good deal of harm, if .your were' to interfere just now," I. replied will you'let me know when lam to go on with the' negotiation. He said' " Yes I will,". .The.next time I saw him was on the fourth of April, In Maroh I made seme remarks to him atfoiit Kia'rtiariathe other leading ohief who-was favorable to the negotiation I saw-Karaitiana on aeyeraLoccaaions, On the 4th of April Mr Lowes said " You hee'dnot trouble about,the Okurupiti blook, the matter is' all settled, I have arranged- with 'MrLivingstone to take half the block.".Ttiftl'was the-firat intimation I had had' from Mr Lowes, He explained that Mr. Tom Hill had come to. him and offered'- 1 him a hundred pounds npt.to oppose. _Mr, Livingstone in the ! Ollur'upiti' J blo s ok,''Mt' that, he Reclined' the offer .find^hftt ; .eyen-, tually thVy agreed to divide ttie blook.' 1" asked Mr Lowes 'i-jWhat about ouragree-,-ment then 1" He-fe'dlied'T-ddp't-see'that you have much olaim upon me, we did without you in the matieWiQaid'-vihe arrangement you raade with Mr .Livingstone makes no difference to- our agreement." Isaw Mr. Livingstone on the 13th of April, and challenged him as'to'' whether he intended to carry eut. his agreement.- $6 replied " Oerlaifflyno'f.' 0 I pointed out that he had seriously injured me, not' only with respect to the.Okurupiti block, but also with the Mairirikapua 'block. Hesaid''.'. You have"notioom-' plete'd youragreement." I said, "Did you not tell me'to hold the matter over for amonth'. .He replied 'yes I--, did,.hut I; 'don't see "'you,, have done maoh.jn_J:hß matter, and a'ophple ofguinajsought-.tai satiafcyotf'for anytbipg ioief: said it is-no -uTe wasting more time about : it..', K,s».p' tnr^a¥^/aeb^.M ; :dome-muchharmaswe-.rrivrmost:ofih«-aignaturea, and if you think yon anythingj)ilt"bf me you oan take jit Jtb. :OourbVßldid notfinW- 'that'Mf;Blill ',wi[sjn.eg.otiatjngvtill. the.4tof Vipib'-ilt. was no, fcnoß#[iog«^ W, |bß 'otoer nativefintefeSteo m the .blook"-'till ••iho leading : oh)efs' had' made up th'ejr minidi, There" acres in the Okurupiti block. I uefed'iriy 'best endeavors'b ieoure Mr Lowes'jinterest«L Manihera",aniEaraitiana'nW;rei ?rt&b'»ai!rwltn?'Mr 1 hallt. . v To Mr laard;: Thmfrftjtty oy^ty

natives interested in the block divided into two parties. I did not irritate Manihera when I went to see him. He uid he was busy but he did uot complain. Mr Lowes told me in' March to wait in consequence of what Manihera had said to.bim. I believe Manihera had an intereit in the Mairirikapua block before it was leased to Mr Lowes. Mr Lowes did not tell me that Hill bad gob some of the signatures,of the :Okurapeti-blook, and I was to get: the remainder, I had been engaged in interpreting re native matters for'abouttwo-yeanV- done muoh in.thatjway.,, I did not devote my ipare;time from 'iny bailiff duties to Mr 'oaßelber|." v My br'othor is clerk of the court, and he negotiated tome 200 acres • .__ of the Okurnmti block for'Mr place.') should act for Mr Lowes in block.; I never' negotiated anything for , Mr Oaielberg. '-.\A, r/fflfMr Gray;; I had nothing to do wV' Mr Gaielberg'i lease' of (he. Okurupro HodkiVT 'tir) to' OieMenQt time d'bnb'anythih'g V prßjddioe- Mr Lowe*' interests in the Block. for the' plaintiff. ; Mr Izard,' for.the defence, admitted the the -letters,. hut the bargain was" n'o oure do ; pay." It appeared that the natives at Te Ore Ore were disunited, and that, Mr Freeth. hadWw'?^'thetn : *hiie'''tßey ; 'We busy hsfwatiiig;" 1 ttft'd'Ma'oiliura 'advised Mr Lowes to let the matter stand'oror (or a while. '• Subsequently j^r-Lowes stood in with*:Mri-Livingat'oni/jn the matter, accepted .the signatures whioh.Mr Tom Hill had seoured on his behalf, and inatraoted;^r. Freeth to obtain the remainder. Mr Freeth, however, took the hnff, and iosteaUoi.completing' the work wentto.hisJawyer.

* W. Lowai, called, deposed—l im the Mondabt in-tbeaotioti. t jpriratt .nutter which ii not connected with the 'ftiV6f ; Lpw,es,& loms. I told the plaintiff iaJaotiary'thathis'brotherhadepokeoof jgettingltbe lease, of the Okurupiti block tot" me,'on 'thVp'rihciple of" no lease, no pay,'£,«nd that the .commission should be a lamp i'ura."fiiß brother replied that he wonldibaye ,M.hJnk4hvm»J>er; over and would let me kaow through the plaintiff, bi they acted together in these matters. this stage s Mr >Graybbjeote'd to the witness bUid? what Maniherassid to wit' riess'incenVern'tion respecting Mr Freeth. ■. Mr fyard,urged that it was material, and ithe Court tstatedithat/Manihera should himself ham been called to. give this evid* Jrooe.' 0 . ..„s!!&6Mjontinqed comma* :rijcation with ManiDera on trie sabjeot of ' the lease.. Afterwards' saw the plaintiff and told him thafr-Mauihera had informed him that Mr Freeth fhad been : iwithrh'im'.i'bont; leavag the 'Okuroplil block and reoommended him to stay pro- ; ceedines for a week or two, as theuatives ■ themselves were disagreed! shout tht ownership of the block, and thpt Mani* hem would let witness know! when to recommence the negotiation. l i .fortnight later, witness was at JJr HiU'j , ifarm on the Qpiiki. ahdltaw iMf Living* stone .there. Inconsequence of v what 'MessWHill and Livingstone 'said on that ocoasion witness agreed with Mr Living* stone for a leaae,. : p ,; -Mr Gray:-i;obj'eot to this evidence. ,' TbeCou'rf ruled that the r>'at§jle of the ' agreement could not be given? by the witness inj'ercdencej' F| 1 : t! -Mrlnrd;: Did'the agfeeraentreferto the Okurupiti- bloblc l ' ; f;;MriGray:: ; r : objeot to the question. " .Mr liard'claimed right to explain » question introduced by the plauftjff. ttjd bMiolain* ad'mijiahle evidence, uOonniel could' put' the .question • and i the Court would decide whether it was .admissable. ■;.Mr lard: What was the nature of the .agre'ementthat you made with Hill and ." Mr Graylibjwted to me question ai hearsayevidence... T • , r lJhe Court'ruledagainst'Mr! but ' tbok/at.his request;ariote of hjs objee* Q'The fitness few'days lifer pirn' and 4 " said he heard that -witness had obtained a lease of Okuruil i through Mr Living* stone. aiid asked,, him about the agreement , they .'hud:' entered - into. Witness told him the Agreement was not affected ; by i the transaction with Livingstone, 'as it was open for plaintiff to complete the agreement Plaintiff said he could ' see thai it" was practically ohuoking .him, over, and that he ought to havs some" consideration. No amount how* . ever, w»b mentioned. told him to'go.on;andcbiiiplete i th'e agreement, and ' theri"hVwoujld J be J paid."*lt was'open now . for complete the agreement it he chose to do so. Nothing'witness had ,doti& would prevent him from completing it. On the other hand it would bt a •goodaisutaiic^tbhim f | I To Mr Gray ! I biva had some n.i 'p'erienoe in negotiating with natives. Itj interpreters.] Pain''hot " a know from, the work would be an'assislSn^^^^^H , Freeth. ■ By the, amng^meoVH^J ; ratapped'a .eilionand leoareda.number of signatures. I"never" bad an opportunity ~pf^,forming,,, Mr,, ijheelh of the arrangement with Mr Livingstone, : ,Mr Tpmßilliinterpreted for Mr Living* j ■tone. I believe Mr Freeth could in oon-J junction .with Mr-HillVhave secured the; reit of the: signatures. I have not agreed to, pay [ Mr: Hilirany commission either direotlyor indirectly. 1 The Court: Did Mr Freeth hear of the . Livingstone arrangement through you ? ) 1 ; Witness:. Through, the arrangement 1 withMf'-Livingstoher got a footing it the Block. 1 did not confideW MrFreetl ol'my-arrangments wit! , Liyjiigstone., I told,Mr Freeth that twi '. gnineaiwould be ample pay for'all tha he. had done up to that time. MrFreetl did not tell nfe that Karitaiana was favoi able .io the proposal, I did not knoi ■when>roffered Mr Freeth two guineas c merely said that the sum was enough. •'-d'6Bbtthink:that Mr'Treeth could no complete the agreement for Okurapit ; Hiß^wtfc'6rtduot ; baa I; l'think prevent* him from being able to do so. I did m fell'Mr Freeth'that under my arrang . with Mr have no forth neeil'df K ««Vwott-'- . j .... Iq- Mr Izard '. My opinion is that 1 Freeth, and'his brother 'had tied th '■own-hands from acting, further. - His Honor lummed up, and the jut after an hour's ..deliberation returned 'verdietfor Ce'plaintiff for ifiO. ] Lowes asked for a new trial on the gron .-tba'the-was prepared; to-jbrinc form rm. evidep'oe.. ,'iM. Courtiipd that nfdd not aocedej to-the application Wgroahdilaied.butit conic! beui ajfainthronghthgdefendnit'iioHeitbt

X 1 ,'.fullj:invitedto»t|tcad-the ftinttaH M Lite'Ma'Kolwrt, whieMU lensM :p3idwM, tkt« . Jand, , Mini, plahtedwithoinamwtff : trees. Oph £i2Q,on]yj /: ■£?■ tweea rsifd'6 wrei eilr* eodi^H